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A number of friends and colleagues have asked me recently for recommended readings on the law of armed conflict and Gaza. I’ve decided, therefore, to post some of my suggestions and some explanation as t...
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“No just God would stand for what they did yesterday and what they do every single day,” President Obama said earlier this afternoon, in reaction to the appalling video of the beheading of American journ...
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A few weeks ago, I wrote a pair of posts analyzing where the notion of imminence comes from in the government's thinking about targeted killing---and in David Barron's OLC memo on the Al-Aulaqi strike. I...
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The WSJ reports that the initial success of American airstrikes in Iraq is spurring a push for broader military engagement against the Islamic State (IS, or ISIS, or ISIL) in Iraq. Our deepening militar...
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Over the last nine weeks, President Obama has sent five war powers notices to Congress in what may be the most concentrated period of Presidential war powers reporting in history. These notices include ...
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The Steptoe Cyberlaw Podcast is on hiatus in August, but we’ve brought it back for a special appearance – a debate over Senator Patrick Leahy’s version of the USA Freedom Act sponsored by the Federalist ...
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The New York Times reports that rockets may have been fired from Gaza into Israel today. If the reports are correct, this action would break the cease-fire between Israel and Hamas that was reported to h...
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Yesterday we flagged two amicus briefs filed on behalf of the petitioner in al-Bahlul v. United States by (1) the National Institute of Military Justice and (2) Professor David Glazier of Loyola Law Scho...
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This morning Steve summarized the amicus brief he co-authored on behalf of the National Institute of Military Justice in support of the petitioner in al Bahlul v. United States.
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Last week's Economist had an excellent article about lawfare against Britain's Ministry of Defence relating to actions of the British military in Iraq and Afghanistan entitled "Lawyers to right of them, ...
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On July 14, the en banc D.C. Circuit ruled in al Bahlul v. United States that "plain error" review applied to Bahlul's ex post facto challenge to his military commission convictions for conspiracy, mater...
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There is much to pore over in last week’s release by the Director National Intelligence. Responding to FOIA litigation, the DNI’s office posted more than thirty legal filings and related documents bearin...